Law: Income Tax Ordinance, 2001

Section: 61,120,122(5A),122(9)

THIS ORDER PASSED BY: QAMAR-UL-HAQ BHATTI, (JUDICIAL MEMBER):---.--- Vide this appeal filed at the instance of the taxpayer-appellant calling in question the Order No.73 passed by the learned Commissioner Inland Revenue (Appeals-ll). Lahore dated 25 07.2014 In respect of tax year 2011 2. Both the learned representatives appearing at the bar have been heard and the relevant available record perused. 3. Facts leading for disposal of the instant appeal are that the appellant, a private limited company derives income from Land Development and sale of plots, filed income tax for the tax year 2011 declaring net profit of Rs.5,952,273/- which was deemed to be an assessment order in terms of section 120 of the Ordinance. 2001. Later on the assessing officer found certain discrepancies in the return and considered the deemed assessment erroneous in so far as prejudicial to the interest of revenue. Consequently, the assessing officer issued notice u/s 122(9) read with section 122(5A) of the Ordinance confronting the appellant with alleged discrepancies and sought its explanation. In response thereto, the reply tendered by the taxpayer could not satisfy the assessing officer and he amended the already competed assessment under section 122(5A) of the Ordinance. 2001 dated 10 03.2014 at income of Rs.1,276.035/-. Feeling aggrieved with the action of the assessing officer the appellant preferred appeal before the learned CIR (Appeals-II) Lahore who by virtue of his order dated supra confirmed the order of the assessing officer. This dispensation had compelled the taxpayer appellant to file appeal before the learned Appellate Tribunal Inland Revenue. 4. On his turn, the learned counsel for the taxpayer vehemently contended that the learned Commissioner (Appeals-II) Lahore is unjustified in confirming the order of assessing officer by adding donations of Rs. 1,000,000/- to the income of taxpayer without any plausible cause. He further contended that the taxpayer paid the said amount as donation in Chief Minister's Fund for Flood Relief and Rehabilitation through cross baking channel and the evidence of same was provided to the assessing officer during the proceedings initiated…

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